RM

DECISION: GRANT (FULL PLANNING)

The Committee had visited the site as part of their site inspections.  The proposal was for the erection of one dwelling on the southern side of Westbrook Lane.  The site adjoined the development boundary of Westfield and was within the countryside and High Weald Area of Outstanding Natural Beauty (AONB).

Members heard from the Applicant who outlined the history of the site, as well as the local Ward Member who was present at the meeting and was in favour of supporting approval of the application.  It was also noted that Westfield Parish Council supported the application and felt that the development would improve the area.  Members asked questions in relation to potential encroachment issues regarding the public footpath which ran along the boundary and whether access would be maintained at all times during and on completion of the development.  The Applicant assured Members that the public footpath would remain accessible at all times and would not be compromised by the development.  He also advised that the property was intended for himself and his family to occupy.

Members discussed the acceptability of the proposal and in weighing up all the issues, including the lack of a current 5-year supply of land for housing, considered that the development would not have an adverse impact on the landscape, character of scenic beauty of the High Weald AONB.  The current site was considered an eyesore with dilapidated buildings and Members felt that the new dwelling was attractive and of appropriate design and therefore would improve / enhance the location.  Local community and transport facilities were within easy access and therefore the property, in their opinion, was within a sustainable location.  Members accepted the Applicant’s reassurance that the public footpath would be maintained.  The Committee granted full planning permission subject to the inclusion of relevant standard conditions (delegated to officers to consider) including additional appropriate ecological assessments / surveys being completed. 

Councillor Mrs Barnes moved the motion to approve (Full Planning) and this was seconded by Councillor Coleman.

Resolution voted on – the motion was CARRIED.

CONDITIONS:

1.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In accordance with section 91 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004). 

2.     The development hereby permitted shall be carried out in accordance with the following approved drawings/details:

Drawing No. 3 revision A dated 13 April 2006

Drawing No. 4 revision A dated 20 April 2006

Drawing E (ground floor), revision A dated 13 April 2006

Drawing E (first floor), revision A dated 13 April 2006

Drawing No. 1168-01 dated September 19

Drawing No. 1168-02 dated September 19

Reason: For the avoidance of doubt and in the interests of proper planning, as advised in Planning Practice Guidance Paragraph: 022 Reference ID: 21a-022-20140306.

3.     No development shall take place until phase 2 species surveys (in accordance with the recommendations of the phase 1 Preliminary Ecological Assessment by Greenspace Ecology Ltd, dated November 2019) have been submitted to and approved in writing by the Local Planning Authority. Where the survey(s) identifies impacts to protected species it shall detail ecological measures to address those impacts. Development shall be carried out in accordance with the recommendations of the Preliminary Ecological Assessment and any further measures outlined in the approved phase 2 species surveys.

Reason: The potential for the site to support protected species has not been properly assessed by the applicant; therefore, the impacts on any protected species – and whether such impacts can be avoided, mitigated or compensated – are unclear. Further surveys are required to ensure the development safeguards protected species using the site, in accordance with Policy EN5 of the Rother Local Plan Core Strategy and Policy DEN4 of the Development and Site Allocations (DaSA) Local Plan.

4.     No development above ground level of the site shall take place until samples of the materials to be used in construction of the dwelling have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure that the development is in character with its surroundings and to maintain the visual amenities of the locality in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy.

5.     Prior to any above ground development hereby approved, full details of all hard and soft landscaping of the site and boundary treatments shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. If within a period of five years from the date of the planting any tree or plant is removed, uprooted, destroyed or dies, [or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective] another tree or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

Reason: To ensure that the development is in character with its surroundings, to maintain the visual amenities of the locality and to ensure the on-going enhancement of the development and maintenance of the landscape in accordance with Policies OSS3, OSS4, RA2, RA3 and EN1 of the Rother Local Plan Core Strategy, Policies DEN1 and DEN2 of the DaSA Local Plan.

6.     The development shall not be occupied until a parking and turning area has been provided to accommodate a minimum of two cars, and the area shall thereafter be retained for that use and shall not be used other than for the parking and turning of motor vehicles.

Reason: To provide on-site parking and turning areas to ensure that the proposed development does not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policies CO6 (ii) and TR4 (i) of the Rother Local Plan Core Strategy.

7.     Access shall be maintained to the adjacent public footpaths at all time, both during construction and on completion of the development.

Reason: To ensure that the proposed development does not prejudice pedestrian safety in accordance with Policy CO6 (ii) of the Rother Local Plan Core Strategy.

8.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking or re-enacting this Order with or without modification), no buildings, structures or fencing as defined within Class E of Part 1 and Class A of Part 2 of the Schedule 2 of the Order, shall be carried out on the site otherwise than in accordance with a planning permission granted by the Local Planning Authority.

Reason: To safeguard the visual character and appearance of the area and to preserve the natural landscape quality and character of the High Weald Area of Outstanding Natural Beauty in accordance with Policies OSS4 (iii), RA3 (iv) and (v) and EN1 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN2 of the DaSA Local Plan.

9.     The dwelling hereby approved shall meet the requirement of no more than 110 litres/person/day water efficiency set out in Part G of Schedule 1 of the Building Regulations 2010 (as amended) for water usage. The dwelling hereby permitted shall not be occupied until evidence has been submitted to and approved in writing by the Local Planning Authority to demonstrate that the dwelling has been constructed to achieve water consumption of no more than 110 litres per person per day. 

Reason: To ensure that the dwelling is built to acceptable water efficiency standards in line with sustainability objectives and in accordance with Policy SRM2 (v) of the Rother Local Plan Core Strategy and Policy DRM1 of the Rother DaSA Local Plan.

10. The dwelling hereby permitted shall not be occupied until it has been constructed in accordance with Part M4(2) (accessible and adaptable dwellings) of Schedule 1 of the Building Regulations 2010 (as amended) for access to and use of buildings.

Reason: To ensure that an acceptable standard of access is provided to the dwelling in accordance with Policy OSS4 (i) of the Rother Local Plan Core Strategy and Policy DHG4 of the Rother DaSA Local Plan.

NOTES:

1.     The development is subject to the Community Infrastructure Levy (CIL). Full details will be set out in the CIL Liability Notice which will be issued in conjunction with this decision. All interested parties are referred to http://www.rother.gov.uk/CIL for further information and the charging schedule.

2.     The Applicant is advised that it is their responsibility to notify their Building Control Body (Local Authority or Approved Inspector) that conditions triggering the optional technical standards for Water Efficiency and Accessibility are attached to this planning permission and that development should be built accordingly. Enforcement action may be taken without further notice if the relevant standards are not achieved.

3.     The Applicant is advised to contact East Sussex County Council Rights of Way on 0345 6080 193 in respect of Footpath 26 in terms of the suitable width for the path and the requirements with regard to gates/stiles on the boundaries.

4.     The Applicant is reminded that under the Wildlife and Countryside Act 1981 (Section 1) it is an offence to take, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. Trees and scrub are likely to contain nesting birds between 1 March and 31 July. Trees and scrub are present on the application site and should be assumed to contain nesting birds between the above dates unless a survey has shown it is absolutely certain that nesting birds are not present.

5.     The Applicant is reminded that it is an offence to damage or destroy species protected under separate legislation. Planning permission for a development does not provide a defence against prosecution under European and UK wildlife protection legislation. Separate licences and consents may be required to undertake work on the site where protected species are found and these should be sought before development commences.

6.     This planning permission does not authorise any interference with animals, birds, marine life, plants, fauna and habitats in contravention of the requirements of the Wildlife and Countryside Act 1981, the Countryside and Rights of Way Act 2000 (CROW) and other legislation. Further advice on the requirements of these Acts is available from Natural England, Sussex and Surrey Team, Phoenix House, 33 North Street, Lewes, East Sussex BN7 2PH.

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the Framework (paragraph 38) and with the Town and Country Planning (Development Management Procedure) (England) Order 2015, the Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.